Prithviraj K. Chavan, J
1. Heard Mr. Sharma, learned Counsel for the petitioner and the respondent in person for a considerable time.
2. I have also perused the report of the Counseller dated 20th December, 2021 which was issued pursuant to an order passed by this Court on 28th
October, 2021 (Coram: Smt. Bharati Dangre, J.).
3. It would be expedient to extract paragraph 5 of the order dated 28th October, 2021 which reads thus;
This issue can only be resolved by referring the parents as well as the child to the Counsellors, Sukoon Counselling Centre, which is operating in Pune
Family Court, comprises of psychiatrists and psychologists and I deem it appropriate that the petitioner, the respondent and the child should be referred
to the said Centre so that counselling can be offered and even the child, who, presently as per the affidavit of the mother, is in a defiant mood, can be
slowly moulded so that a bond between the two can be established, as per the willingness and readiness of the childâ€.
4. It would be expedient to extract the relevant paragraphs of the report, which would be essential for deciding the issue of giving access of the child
to the petitioner/father.
“ With reference to the subject noted above, I have the honor to submit most respectfully that, in the Counseling session both parties were present.
It was observed that initially the Child acted nervous due to influence and starring of mother and wanted the counselling to be done in presence of
Mother only and in absence of Father. The child feared her mother who was interfering in every action of child and commenting, due to which child
was restless and did not display a normal behavior. The child was heavily tutored by mother to start shouting and act when her father was called in the
counseling room. The petitioner Father had brought gifts and showed love and affection and with due care with most gifts of pink colour which is
favorite color of daughter Srishti. The child kept looking at the gifts with eagerness but when Respondent mother stared she looked down, which is
very sorry to see and surprising for a normal behavior.
In my Counseling I asked her to draw pictures and she was calmly drawing all pictures of Mother only. When the child was asked to draw a picture
of Father she hesitantly drew it and seemed to be normal later.
The child remained normal in presence of father after an hour of Counselling was smiling at the end in Father’s presence. The child has love and
affection for Father which can be observed; however the child acts on signals and staring done by her mother.
In the session of one hour or more in absence of Petitioner, Father.
Further, Respondent Mother mentioned again that this is the last counseling session and commanding that she will not come for Counseling in future
due to job commitments and extracurricular activities time post school hours of child Srishti.
In the session it was observed that from the start the child resisted every attempt by the Counsellor to talk in absence of mother, shouted, threw hands
in air and insisted that her mother should be present all time or nearby her outside the room. The level of resistance of Child Srishti was high and she
asked the Father to get out of the Counseling room rather disrespectfully. Petitioner Father patiently and calmly went out of the room. Child
Srishti’s behavior was not normal as compared to previous counseling sessionâ€.
5. In view of the aforesaid report of the Counseller as well as having heard learned Counsel for the petitioner, the petitioner himself, who is present in
the Court as well as the respondent, it would be just and proper to permit the petitioner to have an access to the child for which even the respondent-
mother has no serious objection.
6. By way of interim measure, the respondent-mother is directed to take the child to Child Care Centre of the Family Court, Pune on 1st January,
2022, 15th January, 2022 and 29th January, 2022 between 2.30 p.m and 5.30 p.m.
7. The petitioner is directed to have access of the child by ensuring that there is no mental, psychological or physical pressure on the child. The
petitioner shall ensure that the child does not get disturbed, in any manner, whatsoever.
8. During the access of the child by the petitioner, the respondent shall give sufficient freedom and liberty to the petitioner and the child to have free
access. However, the respondent shall remain present in the premises of the Child Care Centre between 2.30 p.m and 5.30 p.m on each access.
9. The petitioner and the respondent shall not indulge into any action of arguments in the presence of the child during the access. The petitioner is
permitted to accompany his parents for a limited period of one hour i.e between 2.30 p.m and 3.30 pm during each access.
10. It is expected that in order to ensure welfare of the child, the petitioner and the respondent shall bury their differences.
11. List the matter on 1st February, 2022.
